Deaf Student Struck By Pickup After Getting Off School Bus
On Aug. 29, 2001, plaintiff Gelnice Petit-Doss, 18, a deaf student, was struck by a pickup truck driven by Antwaun Snell after she exited a school bus in Broward County. Snell illegally passed the stopped school bus as he was fleeing Fort Lauderdale Police narcotics officers. The school bus had stopped on the left side of a residential street because a car was parked on the right side, which is where the bus usually stopped. After stopping, the bus driver walked Petit-Doss off of the bus. Petit-Doss was struck by the pickup soon after the bus driver was back behind the wheel.Petit-Doss sued the School Board for Broward County for negligent training. Petit-Doss also sued Snell and the owner of the truck for vehicular negligence, both of whom settled for an undisclosed amount prior to trial. Petit-Doss initially sued the city of Ft. Lauderdale, alleging that the officers performed an illegal pursuit, but the plaintiff voluntarily dismissed the city. Defense counsel for the county brought in Snell as a Fabre defendant.Plaintiff’s counsel claimed that the school board did not properly train the bus driver in procedures for unloading a deaf student from the bus. The driver also lacked a means to communicate with a deaf student, according to plaintiff’s counsel, and therefore couldn’t warn a deaf student of any hazards.
Plaintiff’s counsel also contended that the bus driver should not have unloaded Petit-Doss on the left side of the street, which resulted in the plaintiff being dropped off in the middle of the street. The bus driver violated Florida statute which stated that the bus should have parked on the right hand side, so the plaintiff would be dropped off curbside.
Defense counsel contended that the actions of the bus driver were reasonable. The accident took place on a quiet residential street with a 25-mph posted speed limit. The bus driver carefully unloaded the student and looked both ways before opening the door.
Defense counsel pointed out that the bus driver had been on the job for 20 years and had a clean record in terms of complaints and injuries. The bus driver’s regular route was blocked by the car parked on the right, and she was well within her discretion, according to school board procedures to deviate from the route.
Petit-Doss sustained an ankle fracture that required three surgeries, including the implementation of plates and screws. She also sustained a fractured clavicle, loss of three of her front teeth as well as multiple lacerations, surgical scars and abrasions. Petit-Doss stated she suffers from headaches, eye injuries and neurological deficits. She also tore her rotator cuff, which will require surgery. Plaintiff’s counsel also argued that Petit-Doss’ ankle requires continual therapy and will likely need to have the joint fused in the future.
Plaintiff’s counsel asked for $80,000 in past medical bills and $75,000 in future medical costs. Plaintiff’s counsel asked the jury for $900,000 for total damages.
Defense counsel did not present any expert medical testimony, instead choosing to focus their case on liability.
The jury found that the school board was 20% liable, the plaintiff was 10% liable and Snell was 70% liable. The jury awarded $250,000 which was reduced to $50,000.
Defense counsel is seeking costs and fees, pursuant to an offer of judgment and non-binding arbitration. Plaintiff’s counsel has filed motions for a new trial and a directed verdict.